Religion und Recht in der Frühen Neuzeit

2016 ◽  
Vol 102 (1) ◽  
pp. 283-316
Author(s):  
Christoph Strohm
Keyword(s):  
Natural Law ◽  
Canon Law ◽  
Spanish Empire ◽  
Roman Law ◽  
Early Modern History ◽  
Religion And Law ◽  
Hugo Grotius ◽  
Counter Reformation ◽  
Law Of Nations ◽  
Judicial Discourse

Abstract Religion and Law in the Early Modern history. The devaluation of the canon law by Protestant Reformers promoted the system-oriented presentations of law based on Roman law. Also in ius publicum there is a significant majority of Protestant authors. The situation differs from natural law and law of nations where the discourse of the 16th century was broadly determined by Catholic authors, specifically by the so called Spanish late scholasticism. In the Spanish empire fundamental works on natural law and law of nations were created. This came to an end in consequence of a „re-theologisation“ of the judicial discourse in the Jesuit led Tridentine Counter- Reformation. During the 17th century - starting with Hugo Grotius (1625) - we see primarily Protestant authors in the field.

Religion und Recht in der Frühen Neuzeit

2016 ◽  
Vol 102 (1) ◽  
Author(s):  
Christoph Strohm
Keyword(s):  
Early Modern ◽  
Natural Law ◽  
Canon Law ◽  
Roman Law ◽  
Modern History ◽  
Early Modern History ◽  
Religion And Law ◽  
Law Of Nations

AbstractReligion and Law in the Early Modern history. The devaluation of the canon law by Protestant Reformers promoted the system-oriented presentations of law based on Roman law. Also in ius publicum there is a significant majority of Protestant authors. The situation differs from natural law and law of nations where the discourse of the 16

Natural Law in Early Modern Legal Thought

2018 ◽  
Author(s):  
David Ibbetson
Keyword(s):  
Early Modern ◽  
Natural Law ◽  
Roman Law ◽  
Modern World ◽  
Human Reason ◽  
God's Will ◽  
Law Of Nature ◽  
Legal Thought ◽  
Greco Roman ◽  
Hugo Grotius

Natural law thinking in the early modern world had two principal roots: Greco-Roman moral philosophy and Roman law. These two strands came together in sixteenth-century Spain, from where they influenced the Dutchman Hugo Grotius. Grotius can be seen as the channel through which this thinking reached a pan-European audience. His works, and the works of his followers, came to have an enormous influence on the development of legal thought and practice after the seventeenth century. Ideas of natural law were no longer regarded as dependent on God’s will. A rational structure could be derived from self-evident premises in the law of nature and identification of concrete rules of natural law was regarded as the work of human reason. These features, coupled with its seeming moral objectivity, allowed natural law to provide a template for positive legal systems, and fuelled the move towards codification of law in eighteenth-century Europe.

scholarly journals Three Grotian Theories of Humanitarian Intervention

2015 ◽  
Vol 16 (2) ◽  
Author(s):  
Evan J. Criddle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Natural Law ◽  
Humanitarian Intervention ◽  
First Century ◽  
Responsibility To Protect ◽  
Self Defense ◽  
The People ◽  
Hugo Grotius ◽  
Law Of Nations

AbstractThis Article explores three theories of humanitarian intervention that appear in, or are inspired by, the writings of Hugo Grotius. One theory asserts that natural law authorizes all states to punish violations of the law of nations, irrespective of where or against whom the violations occur, to preserve the integrity of international law. A second theory, which also appears in Grotius’s writings, proposes that states may intervene as temporary legal guardians for peoples who have suffered intolerable cruelties at the hands of their own state. Each of these theories has fallen out of fashion today based on skepticism about their natural law underpinnings and concerns about how they have facilitated Western colonialism. As an alternative, this Article outlines a third theory that builds upon Grotius’s account of humanitarian intervention as a fiduciary relationship, while updating Grotius’s account for the twenty-first century. According to this new fiduciary theory, when states intervene to protect human rights abroad they exercise an oppressed people’s right of self-defense on their behalf and may use force solely for the people’s benefit. As fiduciaries, intervening states bear obligations to consult with and honor the preferences of the people they seek to protect, and they must respect international human rights governing the use of force within the affected state. By clarifying the respective responsibilities of the Security Council and individual states for humanitarian intervention, the fiduciary theory also lends greater coherency to the international community’s “responsibility to protect” human rights.

Is Modern Liberty Ancient? Roman Remedies and Natural Rights in Hugo Grotius's Early Works on Natural Law

2009 ◽  
Vol 27 (1) ◽  
pp. 55-86 ◽  
Author(s):  
Benjamin Straumann
Keyword(s):  
Natural Law ◽  
Natural Rights ◽  
Roman Law ◽  
Classical Antiquity ◽  
Law And Ethics ◽  
Hugo Grotius ◽  
Scholarly Attention

The Dutch humanist Hugo Grotius (1583–1645) is widely acknowledged to have made important contributions to an influential doctrine of individual natural rights. In this article I argue that Grotius developed his rights doctrine primarily out of normative Roman sources, that is to say Roman law and ethics. If this Roman tradition has been as central to Grotius's influential writing on natural rights as I claim, why has it not received more scholarly attention? The reasons lie in the view that while rights are constitutive of modern liberty, they were unknown in classical antiquity.

Reading the Talmud in Prison

2021 ◽  
pp. 86-124
Author(s):  
Steven Grosby
Keyword(s):  
Canon Law ◽  
Common Law ◽  
Roman Law ◽  
Jewish Law ◽  
Universal Principles ◽  
Hugo Grotius ◽  
Ancient Israel ◽  
National Jurisdiction ◽  
Principles Of Justice ◽  
John Selden

A corollary of Hebraism’s orientation to this world is law as the vehicle by which to organize this world. This chapter examines the Hebraic understanding of law, its relation to tradition, and its national jurisdiction in contrast to the universal jurisdiction of Roman law and canon law. Regarding this contrast, the Lex Salica, François Hotman’s Francogallia, and Hugo Grotius’ Antiquity of the Batavian Republic are discussed briefly. The contrast does not mean that universal principles of justice are absent in national law, but the relation between those principles and a national jurisdiction presents a problem, as Edward Coke saw. Within the Christian tradition, the prototype of national law is the law of ancient Israel and subsequently Jewish law. In his examination of Jewish law, especially the Noahide laws of the Talmud, John Selden recognized an affinity between Jewish and English common law that supports Hebraism as a cultural category.

11. Hugo Grotius

2017 ◽  
Author(s):  
Camilla Boisen
Keyword(s):  
Natural Law ◽  
Just War Theory ◽  
Roman Law ◽  
Political Ideas ◽  
Social Contracts ◽  
External Relations ◽  
Literary Sources ◽  
Wide Range ◽  
Hugo Grotius ◽  
Short Biography

This chapter examines Hugo Grotius' key political ideas. Grotius, one of the most prolific and erudite writers of the seventeenth century, sought to formulate a set of universal rights and duties that would secure peace by constraining states in their internal and external relations. Drawing on a wide range of philosophical and literary sources, including Roman law, ancient classics, theology, and poetry, Grotius rehabilitated the natural law in an attempt to achieve harmony in an increasingly splintered political environment. After providing a short biography of Grotius, the chapter analyses his views on natural law, natural rights, property rights, sociability, self-preservation, and social contracts. It also discusses Grotius' arguments regarding international order in the context of just war theory and punishment and concludes with an assessment of Grotius' legacy in the area of political thought.

scholarly journals The Principle of Good Faith in Public International Law

2020 ◽  
Vol 68 (1) ◽  
pp. 43-59
Author(s):  
Talya Uçaryılmaz
Keyword(s):  
Early Modern ◽  
International Law ◽  
Natural Law ◽  
Good Faith ◽  
Roman Law ◽  
International Treaty ◽  
Abuse Of Power ◽  
Refugee Law ◽  
Law Of Nations ◽  
Private Actors

Honesty, loyalty and reasonableness together refer to the principle of good faith in contemporary private law. The principle of good faith historically emerged as a natural law principle deriving from Roman law of nations, the universal set of rules applicable for all mankind. However, it also has immense historical effects on the early modern theories of international law. Being based on natural law and morality, good faith is well-equipped to be a fundamental standard of behavior in contemporary international law concerns. Good faith manifests itself as pacta sunt servanda as the basis of international treaty law. As a principle referring to honesty, loyalty and reasonableness, it guarantees the prohibition of the abuse of power and provides equitable solutions in legal relationships between sovereigns and private actors. Accordingly this article examines the application of the classical Roman principle of good faith in international law from a transhistorical perspective to clarify its contemporary applications, taking refugee law as an example. It concerns itself with the fundamental elements of good faith, the historical emergence of the principle, its relationship with early modern international legal theories and its contemporary significance in refugee law.Received: 23.10.2019Accepted: 29.12.2019Published online: 03.07.2020

Why Law, Why Religion?—A Conversation Between a Lawyer and a Theologian

2008 ◽  
Vol 24 (2) ◽  
pp. 373-377
Author(s):  
Douglas Sturm
Keyword(s):  
Natural Law ◽  
Canon Law ◽  
Common Law ◽  
Customary Law ◽  
Social Constructs ◽  
Religion And Law ◽  
Religionless Christianity

Categories such as religion and law are social constructs, proposed for some purpose or other, good or ill, but whose use is worthy of serious question. Consider, e.g., Karl Barth's insistence that Christianity is not a religion or Dietrich Bonhoeffer's coinage of “religionless Christianity.” I will later offer a way of delineating how I use these categories of religion and law, but I am mindful in doing so that there are many ways these, and allied terms, are invoked. We should acknowledge, for instance, that there are many Christianities; many forms of Buddhism; and differing kinds of Islam. We should take note of the serious question whether "customary law" is really “law.” How about “natural law”—is it really law or a “brooding omnipresence in the sky”? Are Torah, Shari'a, Dharma, and Tao cognate terms in some sense? Are they simultaneously “religion” and “law”? In what respect are canon law and common law both “lawful”? Should we adopt Wittgenstein's proposal that words, after all, are but tools embracing a “family of meanings”?

People as Property in Medieval Dubrovnik

2018 ◽  
Author(s):  
Hannah Skoda
Keyword(s):  
Fifteenth Century ◽  
Natural Law ◽  
Canon Law ◽  
Criminal Liability ◽  
Roman Law ◽  
Ius Commune

This article addresses a particularly troubling form of property: slavery in fifteenth-century Dubrovnik. The practice of slavery depended upon law: its articulation lay at the intersection of the Roman law of the ius commune, canon law, local customary and statute law, and natural law. The texture of these different legalistic frameworks provided ways of articulating the problems, discursive and ethical, of treating people as property. The essay explores these tensions by looking at slave contracts, and practices of manumission: slaves could purchase their freedom with their own property (peculium). Both manumission and peculium were inflected by favor libertatis, the acknowledgement that the rigidity of law was a problematic way to deal with people. Further tensions are explored in the context of the criminal liability of slaves. Finally, the essay turns to the range of contracts from outright slavery to indentured labour, and asks how this spectrum problematizes concepts of property.

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